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1997-301AN ORI)INANCE OF THE CITY OF DENTON AMENDING CHAPTER 33 "SIGNS AND ADVER' ?ISING DEVICES" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON RELATI qG TO THE PKOHIBITION OF OFF-PREMISES (BILLBOARD) SIGNS WITHIN THE CITY Oi ~ DENTON AND BOTH OFF-PREMISES (BILLBOARD) SIGNS AND PORTABLE SIGNS ,VITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON AND / MENDING REGULATIONS APPLICABLE TO NONCONFORMING SIGNS, PROVI~ lNG A PENALTY IN THE AMOUNT OF $2,00000 FOR VIOLATIONS THEREOF, PROVIE[NG A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, AND PROVI~ lNG AN EFFECTIVE DATE WHEREAS, the I-hghway Beauttticat~on Act passed by the Utnted States Congress m 1965 found that the erecUon and mamtenanco of outdoor advertising signs m areas adjacent to the Interstate I-hghway System should be controlled m order to protect the pubhc investment tn such tughways, to promote !he safety, and recreaUonal value ofpnhhc travel, and to preserve natural beauty, and WHEREAS, tn 1981 the Umted States Supreme Court tn Metromechtl, Inc v City of San Diego. 4~3 U S 490 held that the underlined lansuage above consUtutes substantial governmental goals an~ that aestheucs and traffic safety are pubhc purposes sufficient to support the regulation of signs, Including a ban on off-site commeraal signs, and WHEREAS, the constm~on of s~gns, billboards, and other outdoor advemstng structures can present structural hazards whtch threaten the health and safety of the citizens of the City of Denton by creating tlnpedunents and dangers to traffic along thoroughfares and easements, and WHEREAS, the control of sittng and placement of signs, billboards, and other advemstng structures wdl promote and enhance the efficient and safe use of pubhc thoroughfares, and WHEREAS, the continued construction of off-premise signs leads to the dlmmuUon of property ~,alues for adjacent properties and thereby adversely impacts on the taxable value of such affected ~roperties, and WHEREAS, the continued construction of off-premise signs causes increased risk of dlstract~oh and danger to OtlZenS driving and walhng on streets and thoroughfares, and WHEI~AS, portable signs present special traffic hazards when towed on public streets or displayed] on pubhc rights='of-way and present dangers to the health and safety of the citizens of the City of Dento~l because of their propensity to be blown about ff not properly anchored, and I~/I-I~R~AS, Chapter 216 of the Local Government Code was adopted by the Texas Lel/~slature to provide a procedure for regulating off-premise signs and the courts have been called upon to review the apphcatlon of Chapter 216 and to date no authority exists finding such sign regulations to be Invalid, and WHEREAS. the rlan~er to the driving pubhc In our re_mon of the State from chstracuons caused by large off-premases (billboard) sims is exemphfied bv a jury_ award of $20 mflhon ag_mst American A~rhnea for an automobile aectdent wluch occurred tn December 4. 1993 at DFW gain_ orr when two ears colhded whale their drivers were tmng to read off-prenuse st~s, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That Chapter 33 "Signs and Adverttsmg Devices" of the Code of Ordinances is hereby mended by rewsmg the detimttons of the terms off-premtses stgn, on-premtses sign, and stgn m Sectton 33-2 enttfled "Defimttons" by defining such terms to read as follows Sec 33-2. Definitions. Off-premtses sign means a stsn chsplaymg advertising copy that pertains to a business, person, orgamzatton, aChvlty, event, place, sorv~ce, or product not principally located or primarily manufactured or sold on the prermses on wluch the s~gn Is located On-premises sign means a freestanding stgn ~dentl~ng or advertising a business, person, or acttwty, and installed and maintained on the same prenuses as the bustness, person, or activity A stgn which promotes or d~splays a pohtlcal, rehg~ous or tdeologtcal thought, behef, opuuon or other noncommercial message shall be constdered an on-prermses stgn Sign means an outdoor structure, Slgu, d~splay, hght dewce, figure, pamttng, drawing, message, plaque, poster, billboard, or other thing that ts designed, intended, or used to advertise or inform "One stgn" or "a stgn" means any number of signs located on or supported by a single or common supporting structure SECTION II That Chapter 33 "Stgns and Advertising Devices" of the Code of Or&nances ~s hereby amended by adding a subsection (12) of Sectton 33-4 entttled "Certtun prohtbtted stgns" to read as follows Sec. 33-4. Certain prohlbtted signs. It shall be unlawful for any person to erect, install, construct, &splay, maintain, reconstruct, place, locate, relocate or make use of any of the following s~gns for adverttsmg purposes [See text of subsecttons (1) - (11) m e~stmg ordinance] (12) Off-premises sign Any off-pren~ses s~gn wluch ts not a properly registered nonconforming off-pranuses sign as provided for in tl~s chapter SECTION III That Chapter 33 "Stgns and Advemsmg Dewces' of the Code of Ordinances ~s hereby amended by adding a subsectton (4) to Section 33-91 of Article HI "Nonconfomung Stgns" to read as follows Page 2 Sec. 33-91. Definition. A s~gn, including its supporting structure, shall be considered nonconforrmng when It does not conform to all or part of the proxasions of flus chapter apphcable thereto, is not a temporary sign and [See text of(l)- (3) ofex~mng ordinance] (4) Was m ex~stenee and lawfully located and used as an off-prenuses ground s~gn pursuant to_Sec 33-182 on November 5, 1997 SECTION IV. That Chapter 33 "S~gns and Advertms~ng De,aces" of the Code of Ordinances is hereby amended by remsmg Section 33-93 entitled "Registration of nonconfonmng portable signs" to read as follows Sec. 33-93. Registration of nonconforming portable and off-premises (bdlboard) signs. On or after June 1, 1989, it shall be unlawful for any person to maintain any portable sign vatlun the corporate hnuts, and on or ~er March 1, 1998, it shall be unlawflul for any person to rnmntam any off-preauses Cofllboard) sign on any premases w~thtn the corporate hmats and both portable and off-prenuses (billboard) smgns vaflun the extratemtonal junsdlctlon of the City of Denton wmthout having a vabd regtstration tag aflLxed thereto as requtred m flus section as follows (1) Appltccttton. To register a nonconforming portable or off-prenuses Cofllboard) sign, apphcation shall be made to the braiding official on forms provided for that purpose The apphcatlon shall be accomPamed by the payment of the apphcable fee, as estabhshed by the City Council and on file in the office of the city secretary, and shall contain the name and address of the owner of the s~gn, the exact location of the sign, the date of placement and any other ~nformat~on reasonably reqmred by the braiding official (2) Issuance of regtstratton tag If the braiding official deternunes that the portable sign or off- premises (btllboard) sign is a lawfully nonconforrmng portable or off-prermses (billboard) sign, he shall issue a registration tag to the apphcant The owner of the smgn shall cause the tag to be affixed m a conspicuous place on the corresponding portable or off-prenuses (bdlboard) sign registered (3) Removed or destroyed stgns Any owner who removes or causes the removal of any vahdly registered nonconforming portable or off-prermses (billboard) sign from any prenuses shall, witlun five (5) business days ohts removal, report the removal to the buflchng official (4) Invahdatton of regtstratton The bmldmg official shall mvalldate any registration tag for a nonc0nformmg portable or off-prermses (btllboard) sign when a It is removed from the prenuses for any reason, b It has been damaged or destroyed so as to lose rots nonconforming or off-premases (bdlboard) sign status as prowded m flus chapter, Page 3 c It has become an abandoned sagn SECTION V That Chapter 33 "Sagns and Advemsmng De, aces" of the Code of Ordinances as hereby mended by revising Section 33-95 entitled "Destruction, repair" to read as follows Sec. 33-95. Destruction; repair. (a) Any nonconforming portable, attached or ground stgn, including ~ts supporting structure, whach ~s blown down, damaged, dflapadated, or deteriorated, or otherwise destroyed or dasmantled for any purpose other than mamtenence operataons or for changing the letters, symbols, or other matter on the stgn, shall not be replaced, repatred, or renovated, m whole or m part, ~f the cost of such replacement, repmr, or renovauon as m excess of s~y percent (60%) of the cost of erecting a new sagn of the same type at the same location, including ~ts suppo~ng structure, unless such alteraUon or repair makes the sagn conforming No person shall repair, renovate or alter a nonconforming sagn w~thout first receavmg a sagn permit (b) The building ofl~caal may, whenever he deems necessary to reasonably detenmne the appheabflaty of subseetaon (a) of tbs section, requtre the owner of the nonconforming sagn to subnut two (2) or more independent esumates ~rom estabhshed sagn compames of the cost of replacing, repainng or renovating, m whole or m part, the ex~stmg noneonformang sagn and two (2) or more independent estnnates ~rom estabhshed s~gn compames of the reproducuon cost of ereeUng a new s~gn of the same type at the same locauon, ancludmg ~ts supporting structures (c) The estunate required by subsection (b) shall be based on the costs for new materials for both the sagn to be repaired and the new s~gn Also, the estimate shall reflect the reasonable and customary costs m the ~ndustry for (1) the dehvery of materials and eqmpment to the location of the sagn and (2) the cost of labor for each phase of sagn constructaon (d) No s~gn or supporting structure wluch as lawfully reproduced, repaired or renovated as a noneonformmg s~gn shall be increased m effective area or heaght SECTION VI. That Chapter 33 "Sagns and Advertasmg Devices" of the Code of Ordanances ~s hereby amended by rewsmg D~ws~on 2 ent~fled "Portable S~gns" and Sections 33-166 through 33- 167 1 of such daws~on to read as follows DMSION 2. PORTABLE AND OI~-PREMISES (BILLBOARD) SIGNS See. 3~-166. Prohibited. It shall be unlawfifl for any person to d~splay, maintain, erect, place or relocate any portable or off-prermses (billboard) s~gn on any premases w~th~n the corporate lamts and the extraterritorial junschctaon of the Caty of Danton that as not a registered portable or off-prenuses (b~llboard) sign No new sign penmts shall be assued for portable or off-prermses (billboard) sagns w~th~n the corporate hmats and the extratemtonal junsdaeuon of the City of Denton from and ~er November 5, 1997 Page 4 Sec. 33-167. Lawful nonconformity. [See text m emstm8 ordmance] Sec. 33-167.1. Lawful nonconformity from November 5, 1997. Any portable s~gn lawfully ex~stmg upon any prermses vatl~n Cltys$ extraterritorial jurisdiction before November 5, 1997, and any off-premases (billboard) sign lawfully eyastmg upon any prenuses w~th the corporate hrmts and extraterritorial jurisdiction of the City of Denton before November 5, 1997, m accordance vath the prov~sions of any prior ordinance, shall be allowed to remain on that premases as a nonconforming portable or off-premases (billboard) sign, ff properly registered and continuously mmnt~uned m accordance wath the prov~sions oftbas chapter SECTION VII. That Chapter 33 "Signs and Advertising Devices" of the Code of Or&nances ~s hereby amended by repealing subsection (5)(a) entitled "Off-prermses signs" of Section 33-182 since newly amended Section 33-166 probablts such signs SECTION VIII That any person wolatmg any prov~sion of tl~s or&nance shall, upon conv~etion, be fined a sum not exce~mg $2000 00 Each day that a provision of th~s ordinance is vaolated shall constttute a separate and dtstmct offense SECTION IX That if any section, subsection, paragraph, sentence, clause, phrase or word m flus ordinance, or application thereof to any person or c~rcumstances is held invalid by any court of competem junsd~ction, such holding shall not affect the vahd~ty of the remawang portions of flus ordinance, and the City Council of the City of Denton, Texas hereby declares ~t would have enacted such rem0anmg portions despite any such validity SECTION X. That save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of Chapter 33 of the Code of Ordinances shall remain m full force and effect SECTION XI. That flus ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby d~rected to cause the caption of this ordinance to be published twice m the Denton Record-Chromcle, a daily newspaper published in the City of Denton, Texas, w~tlun ten (10) days of the date of its passage PASSED AND APPROVED this the ~ / ~];~_day of O~e f ,1997 JACK MILLER, MAYOR P~e5 ATTEST JENNIFER WALTERS, CITY SECRETARY Page 6